Thorpe v. State

BROOKS, Judge.

Appellant was convicted of swindling of property under the value of $50, and his punishment assessed at confinement in the county jail for ten days and a fine of $5, and he appeals.

Appellant’s first two grounds of his motion for new trial are: (1) Because the court erred in failing to give his special charge to the effect that the evidence was not sufficient to sustain the charge, and instructing the jury to find defendant not guilty; (2) because the evidence is wholly insufficient to sustain the verdict of the jury.

R. L. McAfee testified for the State, in substance: “About…